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'Maladministration'
includes (among other things) delay, rudeness, bias, faulty
procedures, offering misleading advice, refusal to answer
questions, unfair treatment and refusal to inform complainants
of their right to appeal. As you can see, it's quite a
long list! 'Redress' is what an ombudsman recommends to
put matters right when he or she upholds a complaint.
It might be an apology, a change in procedure to try and
make sure that the mistake does not happen again, or payment
to cover any money that the complainant has lost as a
result of the maladministration. In some cases, the ombudsman
might say that a complainant deserves some extra money
to make up for any worry or inconvenience the mistake
has caused.
Here are some examples of maladministration
and the redress recommended by the appropriate ombudsman.
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Delay,
misleading advice, loss of documents |
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The
Immigration and Nationality Directorate (IND) of
the Home Office mishandled an application for permission
to stay in the United Kingdom from a refugee called
Mr S. They gave confusing advice over
the telephone, and were then unavailable
by telephone to answer follow-up questions. When
Mr S wrote to them, there was a delay in
answering his letters. When the letters were answered,
the IND gave him wrong advice and
asked him to send in documents which they then
lost.
Without
his permission to stay in the United Kingdom, Mr
S might not have been allowed back into the country
if he left. As a result, he had had to cancel a
trip abroad. The Parliamentary Ombudsman recommended
that the IND pay him the money he had lost. The
IND also gave him £100 for the stress caused
by their maladministration, and promised to try
to improve their service.
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Failure
to follow procedures, delay, failure to inform complainant
of right to appeal |
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A
doctor's practice removed the J family from its
list of patients without writing to tell them. When
Mrs J complained that they had not been properly
notified, there was a delay in giving her
an explanation. NHS guidelines say that complaints
should be dealt with in 10 working days and that
complainants should be told about their right to
have someone independent look at their complaint.
Mrs J waited two months for a full reply to her
letter of complaint, and she was not told
about the option of having an independent person
consider her case.
The
Health Service Ombudsman recommended that the practice
deal with future complaints promptly and give full
explanations for any delay. The Ombudsman noted
that new procedures were being followed to make
sure that patients received a letter telling them
when they were taken off the list. The doctors in
the practice also apologised to Mrs J.
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Cancellation
of an appeal with no notice, failure to follow government
guidance |
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X
was excluded from school after complaining that
a teacher had upset him. He had been told that he
might face suspension unless he apologised to the
teacher, but he had apologised and had not
been told that he might be excluded. Although
government guidelines said that exclusions should
be a last resort, the school had not tried to sort
things out any other way. When his mother appealed
to change the decision, the meeting was cancelled
without notice. It was eventually held
later than it should have been.
The
Local Government Ombudsman (LGO) told the appeal
committee to follow the guidelines on exclusion.
X's mother didn't want him to go to that school
any more, so the LGO didn't ask for X to return.
Instead, he made sure that a report showing the
Ombudsman's decision was kept with X's school records
so that it was clear that he had been excluded unfairly.
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Failure
to follow correct procedure, misinformation (giving
incorrect advice), rudeness |
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M
had her handbag stolen with her cash card in it.
She told the bank at once but it did not block
the card and the thief withdrew £800.
The bank said that it was M's fault because
she must have kept her PIN number in the bag where
the thief could find it. Staff at the bank were
rude and unhelpful when she tried
to pursue her complaint.
The
Financial Services Ombudsman reminded the bank that
a customer is not responsible for looking after
their card after they have reported it lost or stolen.
The bank refunded the £800 and gave M a further
£400 to make up for the inconvenience it had
caused her.
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Imposition
of incorrect payments, refusal to answer letters,
insensitive handling |
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The
Child Support Agency (CSA) is an organisation which
decides how much money divorced or separated parents
should pay towards their children's care. The CSA
made an error in calculating the amount
of maintenance Mr A was supposed to pay for his
son, who did not live with him. The mistake led
to them asking him for a year's payment which he
did not owe. When he wrote to the CSA asking how
they had calculated the maintenance, they
did not reply.
Although Mr A told the CSA about a change in circumstances
when he started to share the responsibility of caring
for his son, the CSA did not take this into
account. Despite the Welfare Section of
the CSA being aware of the distress caused to Mr
A, they did not see fit to speak to him personally.
The mistake went on for two and a half years
before Mr A was able to see a breakdown of his payments
and point out the mistake.
The
CSA re-assessed the amount of maintenance Mr A owed
in the light of their mistake and the shared care
of the child. They awarded Mr A £50 for inconvenience
arising from their error and £250 as consolation
for the distress this had caused. Mr A was not satisfied
with this and complained to the Ombudsman through
his Member of Parliament. The Ombudsman investigated
his complaint and advised the CSA to reconsider
the amount of the award. The Chief Executive of
the CSA apologised and Mr A was given a further
£200.
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Delay,
rejection of claim and goodwill payments |
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Mrs
B added her son, G, to her motor insurance policy,
describing him as a student. When he had an accident
in January 2000, the insurer learnt that he was
also a part-time barman. It said the claim was not
valid, because it would never have agreed to cover
G if it had been aware of his part-time job. However,
after some delay, it paid for the
repairs as a gesture of goodwill, even though it
still said that the claim was not valid.
Mrs
B complained about the delay in making payment and
the insurer agreed to pay her £200 compensation.
She remained dissatisfied, but the Financial Ombudsman
Service agreed the insurer did not have an
obligation to accept the claim. It considered
that the goodwill payment of the repair
costs and the £200 was reasonable redress
for any inconvenience Mrs B had been caused as a
result of the dispute over whether or not the company
should pay.
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Unfair
treatment |
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The
mother of a child with disabilities complained to
the Irish Ombudsman about the school transport service
offered by the Department of Education and Science
(DES). The child suffered from spina bifida and
used a wheelchair. He lived in an isolated area
and attended a special school. The DES ran a free
bus service which collected most of the pupils from
their homes but, because of the cost involved, it
could only provide transport for the complainant's
child to and from a point 2.3 miles from his home.
It offered to pay an annual grant of €300 towards
the cost of private transport to and from the pick-up
point.
The
child's mother, who had two other school-going children,
found the arrangement impossible to manage. It involved
driving to the pick-up point, waiting for the bus
with her son, then lifting him, with his wheelchair
and other equipment, onto the bus. She felt that
the service unfairly discriminated against
her son because of the distance to the pick-up
point. She thought the grant of €300 was totally
inadequate and opted instead to drive her son a
total of 36 miles to and from school each day.
Following
an investigation the Ombudsman recommended that
the child be awarded €8,600 in compensation
for the inadequate transport service he had been
offered. The amount was based on the cost of a taxi
service each day on which his mother had taken him
to school. The Ombudsman also recommended that the
DES devise a fairer school transport scheme for
children with special needs, including those who
live in isolated areas. The DES accepted the recommendations.
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